The legal topic of wills/probate is often an uncomfortable subject for individuals to address. Huggins Peil is particularly sensitive when working with clients on these delicate issues and offers sound legal guidance on how to prepare for the future.
A will is a legally enforceable declaration of how a person wishes his or her property to be distributed after death. In a will, a person can also recommend a guardian for his or her children. If you do not have a will, the distribution of your property is left up to the government, and could possibly become state property.
Probate is the court process by which a will is proved valid or invalid. When a person dies, his or her estate must go through probate, a process overseen by a probate court. If an individual dies without leaving a will, the court appoints a personal representative to distribute the deceased’s property. In general, the probate process involves collecting the assets of the deceased, liquidating liabilities, paying necessary taxes and distributing property to heirs. Probate procedures are governed by each state.